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California Code of Civil Procedure Section 2025.440

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 2025.440

2025.440.  (a) If a deponent does not appear for a deposition
because the party giving notice of the deposition failed to serve a
required deposition subpoena, the court shall impose a monetary
sanction under Chapter 7 (commencing with Section 2023.010) against
that party, or the attorney for that party, or both, in favor of any
other party who, in person or by attorney, attended at the time and
place specified in the deposition notice in the expectation that the
deponent's testimony would be taken, unless the court finds that the
one subject to the sanction acted with substantial justification or
that other circumstances make the imposition of the sanction unjust.
   (b) If a deponent on whom a deposition subpoena has been served
fails to attend a deposition or refuses to be sworn as a witness, the
court may impose on the deponent the sanctions described in Section
2020.240.

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Last modified: March 17, 2014